Filed under: John Adams

John Adams: A Government of Laws and Not of Men

John Adams used the words "government of laws, and not of men" when he wrote the Bill of Rights for the Massachusetts Constitution in 1780.*  The preamble to the Massachusetts Constitution includes:  "We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts."  The Massachusetts Bill of Rights goes on to read like the principles in the non-sectarian Creator-based Declaration of Independence.**

 

In contrast, a government "of men" rests upon revisionist morality, which makes the Constitution meaningless.  Contemporary liberals who reject the God-honoring meaning for "government of laws, and not of men" are aided by militant atheists, who not only reject "government of law," but work feverishly to eliminate all references to God in education and public discourse.  Described by Solon of Athens as "government by incalculable and changeable decrees," the religious justification for revisionist morality is a strongly held belief about life's origin, meaning and purpose:  atheistic Darwinism.***  Sold as absolute science, the demand for education exclusivity is, in reality, the religion of scientific fascism.  Liberals are constantly revising Darwin's theory because the absurdity of their science is continually being exposed.  The underlying cause of the anger and militancy for their demands becomes clear.  They must prevent any ideological competition in the taxpayer-funded classroom.  Secular militants must have total control in order to dumb the students down.

 

Elected representatives make laws and serve by the "consent of the governed," who are "endowed by their Creator" with certain unalienable rights.  This claim reaches the very heart of American society and law.  Conservative Supreme Court justices have cited the Declaration as support for their decisions over two hundred times.  The Federalist Papers, written to promote acceptance of the Constitution by the people, cited the Declaration thirty-seven times.

 

When confronting the greatest crisis since the War for Independence, Abraham Lincoln turned to the Declaration to assert the "sacred right of self-government."****

 

When the Founding Fathers undertook a long war for independence, the did not dither, knowing full well that there were huge problems such as slavery and harmful citizen voting restrictions.  Citizen awareness, prayer and the Declaration of Independence resonates with people and by the grace of God those problems in 1776 were remedied.  With citizen awareness, which we are working on, and prayer, the cancer of socialistic paternalism can be removed.

 

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John Adams

2nd President of the United States

1735 - 1826

 

*www2.bartleby.com/73/991.html

**http://www.malegislature.gov/Laws/Constitution#cp00s00.htm

***Will and Ariel Durant, The Story of Civilization, Vol. II, The Life of Greece, Simon and Schuster, 1939, 118. 

****Abraham Lincoln, October 10, 1854, Peoria, Illinois, http://www.nps.gov/liho/historyculture/peoriaspeech.htm

 

 

John Marshall: A Government of Laws and Not of Men

A related cause of judicial incompetence is the foolishness of judges who have closeted the true role of the nation's basis for law--the non-sectarian Biblical principles of the Declaration of Independence.

 

John Marshall wrote the landmark 1803 Marbury v. Madison opinion that inaugurated the concept of judicial review.  He served as chief justice of the Supreme Court from February 4, 1801 to July 4, 1835.  Marshall saw the importance of biblical morality in civic affairs as did the other Founding Fathers.

 

When writing the Marbury v. Madison opinion, Marshall said:  "The government of the United States has been emphatically termed a government of laws, and not of men… That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected.  The principles, therefore, so established, are deemed fundamental.  And as the authority, from which they proceed, is supreme, and can seldom act, they are designed to be permanent."*

 

The meaning and intent of Chief Justice Marshall's statement--"The government of the United States has been emphatically termed a government of laws, and not of men"--is clear.  "The government of laws" is based upon impartial Higher Authority moral law, "and not of men."  The benefit is that "government of laws, and not of men" is anchored in the timeless principles revealed by Scripture and proven beneficial in the American experience.  This stands in contrast to arbitrary rule and oppression that follow governments "of men," meaning rule by privileged authoritarians.  Application of this basic understanding preserves the all-important predicate for the safe and impartial application of government power.  It is the "rule of law," emphasized by Moses, that identifies with the desirable outcomes that prevail over circumstances and diverse cultural environments.

 

The rule or "government of laws" occurs when the voting sovereigns base their preferences for government on the wisdom that is available from the Creator and the self-evident boundaries of creation's nature.  The people then elect like-minded representatives to serve as lawmakers.  In contrast, self-righteous liberals, especially law professors who are given captive audiences (not held accountable to those who pay their salaries), fool people by teaching them that God has no relevance.  Citizens and judges must reject the wisdom of creation's God.  Then hierarchical elites slip into the vacuum as god, and society experiences the tyranny of the rule or "government of man."

 

John Marshall's Higher Authority basis for rejecting the atheistic secular government "of men" also concurs in full with the public standard of Benjamin Franklin whose call for prayer was adopted by the delegates at the Constitutional Convention.  In this regard, Henry Steele Commager, eminent historian of the twentieth century, points to the Creator-based Declaration of Independence as the source of America's unique principles of government, and refers to America's new political system for the vindication of God-given rights as "matchless logic" and of "permanent" rather than "transient" value.**

 

Unabashed belief in the providence of the universal and impartial God of creation, as a political principle, is fully American.  This was the source of the courage of the Founding Fathers when risking confrontation by the greatest military force on earth at the time.  The Higher Authority standard for morality in matters of law is indelibly written in American history:  "The Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions… And for the support of this Declaration [of Independence], with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor."

 

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*http://usa.usembassy.de/etexts/democrac/9.htm

**Henry Steele Commager, forward to McGuffey's Sixth Reader (New York: The American Library, 1962), xiv.

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America's Civic Religion in Light of Its Documents

America has a civic religion.  In 1952, Justice William O. Douglas wrote, "We are a religious people and our institutions presuppose a Supreme Being."*  Note that this is different from the personal faith of individuals--their manner of worship, fellowship and practice.  This is civic religion--religion embedded in our government.

 

The natural-law philosophy, our civic religion foundational to the American constitution, is in direct conflict with secular law.  An example of this would be the secular law of open-mindedness required of teachers by Professor John Dewey (John S. Brubacher and Willis Rudy, Higher Education Transition, New York: Harper and Row, 1958, 310).  It blindsides students to the horrific differences between good and evil and causes them to go along with the pagan laws of man contrived by liberal judges, legislators and educators.

 

The Declaration of Independence (1776), the Articles of Confederation (drafted 1777, ratified 1781) and the Constitution (ratified 1788) have been classified as the most important American charters.  Collectively they received a total of 143 signatures from 118 people.  By their affirmations, these individuals represented themselves to be believers in the providence of God, and they did so at the risk of being hung by British soldiers.

 

In a letter from Benjamin Rush to John Adams, Rush says of that fateful day when the Declaration of Independence was signed, "Do you recollect the pensive and awful silence which pervaded the house when we were called up, one after another, to the table of the President of Congress to subscribe what was believed by many at that time to be our own death warrants?  The silence and the gloom of the morning were interrupted, I well recollect, only for a moment by Colonel [Benjamin] Harrison of Virginia, who said to Mr. [Elbridge] Gerry at the table:  'I shall have a great advantage over you, Mr. Gerry, when we are all hung for what we are now doing.  From the size and weight of my body I shall die in a few minutes, but from the lightness of your body you will dance in the air an hour or two before you are dead.'  This speech procured a transient smile, but it was soon succeeded by the solemnity with which the whole business was conducted…"**  Out of the 56 signers of the Declaration, 29 held seminary degrees.***

 

Professor Donald S. Lutz of the University of Houston describes a ten-year study during which he and others assembled the writings and deliberations of the American Founding Fathers.****  The study brought into focus important sources that were used when determining priorities for the American constitution.  Aside from quotations from the Bible, the writings of Montesquieu, Blackstone and Locke were the sources relied upon most by the Founding Fathers.

 

Montesquieu's best-known work was The Spirit of Laws.  He emphasized the importance of separating personnel and duties for the legislative, executive and judicial branches of government.  The purpose of this separation of power was to prevent abuse of the people's rights as sovereigns over government (Isaiah 33:22; Jeremiah 17).  Blackstone emphasized the Law of Nature (man's nature both before and after the fall) and Revealed Law (Scripture).  His Commentaries on the Common Law of England was especially practical for the new nation.  Locke,  born into a Puritan family and son of a lawyer, provided the "Essay Concerning Human Understanding" and two treatises "On Civil Government."  His "life, liberty, or property" phrase is in both the Fifth and Fourteenth Amendments to the Constitution.

 

The chief source for the Founding Fathers' understanding was the Bible.  It was cited three times more often than were these three men combined.  Thirty-four percent of all ideas referred to by the constitutional delegates came directly from the Old and New Testament books.  Furthermore, 60 percent of the references to opinions of Montesquieu, Blackstone and Locke were drawn from the Bible.  The most frequently quoted book was the Old Testament book of Deuteronomy.

 

"The fundamental basis of this Nation's law was given to Moses on the Mount.  The fundamental basis of our Bill of Rights comes from the teachings which we get from Exodus and St. Matthew, from Isaiah and St. Paul.  I don't think we emphasize that enough these days."*****

Harry S. Truman

 

Governments and authoritarians are not the source of man's rights.  Government is but a tool that should be used to protect man's right to worship creation's God.  This impartial Creator of life ordained and established the unalienable human rights outlined in the Declaration of Independence that demand representative governments to follow the rule of established law, not the arbitrary rule of man.  Legislators, administrators and judges who use laws (the power of government) to establish religious, ideological or employee union monopolies are fascistic.****** 

 

 

"The general principles on which the fathers achieved independence were the general principles of Christianity.  I will avow that I then believed, and now believe, that those general principles of Christianity are as eternal and immutable as the existence and attributes of God."*******

John Adams

 

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*Zorach v. Clauson, Docket 431, citation 343 US 306, 1952.

**http://www.constitution.org/primarysources/rushadams.html

***http://rodchaney2012.org/2012/02/11/a-message-from-rod/

****Donald S. Lutz, The Origins of American Constitutionalism (Baton Rouge, LA: Louisiana State University Press, 1988).

*****http://www.presidency.ucsb.edu/ws/?pid=13707#axzz1t9qVQzTQ

******Fascism is a word used to identify the enemies of representative governments and governments limited for the protection of the people's freedom to be informed and to choose.

*******http://christianity.about.com/od/independenceday/a/foundingfathers.htm

 

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The American Revolution: Unjustified Rebellion or Unavoidable Self-defense?

In 1776, King George III was violating written law, the 1215 Magna Carta and the 1689 Declaration of Rights that had been imposed on government officials by the English people.  1) Written law placed strict limits on what government officials, kings, academia, militarists, clergy, etc. could do.  2) The king was required to sign a contract, a Magna Carta, before being installed upon the throne.  3) In 1689, government officials were exploiting the people in spite of the Magna Carta.  At that time, the people refused to accept a king until he and his queen took oaths and signed an explicit contract.  That document was a Bill of Rights, if you will, for the English people.

 

Objections by the original colonies regarding the rule of the British king began when he imposed a series of unjust laws that violated the colonists' rights as British citizens.  The colonists objected most vehemently to taxation without representation.

 

Nearing the end of 1773, the Colonists were refusing to pay taxes required by the British Parliament because their representatives had not been allowed to participate in tax enforcement decisions.  If Americans paid the duty tax on the imported tea they would be acknowledging Parliament's right to tax them.  On December 16, with three shipments of tea in Boston harbor the crisis came to a head.  In the early evening about 200 colonists descended upon the three ships and dumped the expensive shipments into harbor waters.  This act was monumental and there could no longer be any misunderstanding about the political will of Americans.

 

On September 5, 1774, the First Continental Congress came together in Philadelphia with hopes of reaching an agreement with the British king. A respectful petition was sent on October 25 to the King, pointing out acts of oppression.  Congress was still communicating the desire of Americans to remain as British subjects although Americans had a valid concern.  Alexander Hamilton expressed it well in a published pamphlet:  "The only distinction between freedom and slavery consists of this:  in the former state, man is governed by laws to which he has given his consent, either in person or, by his representative.  In the latter he is governed by the will of another" (Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution, Lawrence, KS: University of Kansas Press, 1985, 160).

 

In 1775, the Second Continental Congress convened on May 10.  The goal of the colonies was justice, not independence.  On July 5, 1775, the Continental Congress approved the Olive Branch Petition and appealed "To the King's Most Excellent Majesty, Most Gracious Sovereign" for reconciliation.  The King's response?  He refused to read the petition and on August 23 proclaimed that the colonies had "proceeded to open and avowed rebellion."*

 

The English Parliament retaliated on December 22, 1775, with the American Prohibitory Act, a declaration of unrestricted war against the colonists, claiming the right to confiscate their property.  Freedom for Americans at this point became a matter of self-defense and necessitated a new republican (republic) government.**

 

From June 1775 to December 1783, upon the recommendation of John Adams, George Washington served as commanding general of the Continental Army.  The winter at Valley Forge (1777-78) is an example of the privation suffered by the soldiers who gave their lives for liberty.  At this time, George Washington had a portion of Thomas Paine's The American Crisis read to the American army:

 

"These are the times that try men's souls.  The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman.  Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.  What we obtain too cheap, we esteem too lightly:  it is dearness only that gives every thing its value."***

 

In 1776, on July 4, the Second Continental Congress formally adopted the Declaration of Independence, and the American nation was born.

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*http://www.learner.org/workshops/primarysources/revolution/docs/olive.html

**http://www.manhattanrarebooks-history.com/prohibitory_act.htm

***http://www.goodreads.com/quotes/show/37676

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American Principle Two: God Is the Source of Unalienable Rights

“All men are … endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”

Declaration of Independence

 

“We The People Of The State Of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa …”

Preamble, Constitution of Iowa, adopted in 1846—

seventy years after the Declaration of Independence

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Belief in a Higher Authority also believes in the opposite side of the coin:  that man does not originate law, God does.  Legislators articulate this pre-existing law and give it particular applications to changing circumstances.

 

During the 1765 crisis caused by the king's Stamp Act, John Adams, when writing the Dissertation on the Canon and Feudal Law, August 12, 1765, the Boston Gazette, pointed out that liberty was not man's creation or something radically new to the world, but rights "derived from our Maker," rights "indisputable, unalienable," "inherent," "essential," "divine" and even acknowledged since the Middle Ages by British law.

 

"We further recommend the most clear and explicit assertion and vindication of our rights and liberties to be entered on the public records, that the world may know, in present and all future generations, that we have a clear knowledge and a just sense of them, and, with submission to Divine Providence that we never can be slaves" (John Adams, pictured below, adopted on October 14, 1765, by the town meeting of Braintree, Massachusetts, and sent to their representatives in the Massachusetts state legislature).

 

Those who reject God's authority and proceed to fix the rights of others are, by definition, false gods and, in practice, become tyrants.  Alexander Hamilton, in The Federalist, No. 78, says:  "A constitution is, in fact, and must be regarded by the judges, as a fundamental law."  When a particular statute violates the meaning of the Constitution, it is the duty of judicial tribunals to disregard it and adhere to the Constitution.  

 

"The sacred Rights of mankind are not to be rummaged from among old parchments or musty records.  They are written, as with a sunbeam, in the whole volume of human nature, by the Hand of the Divinity itself, and can never be erased or voided or obscured by mortal power" (teachingamericanhistory.org, Alexander Hamilton, The Farmer Refuted, 1775).

 

Education in America today is energizing the enemies of the family, self-rule, prosperity and liberty because it does not emphasize that man’s unalienable rights are the gift of God.

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A full discussion of these vital American Principles can be found in my book, Restoring Education Central to American Greatness.  For more information or to purchase the book:

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